Approval of One-Year Extension for Attaining the 1997 8-Hour Ozone Standard for the Delaware, Maryland, and Pennsylvania Portions of the Philadelphia-Wilmington-Atlantic City Moderate Nonattainment Area, 68736-68738 [2010-28256]
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68736
Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R03–OAR–2010–0574; FRL–9223–1]
Approval of One-Year Extension for
Attaining the 1997 8-Hour Ozone
Standard for the Delaware, Maryland,
and Pennsylvania Portions of the
Philadelphia-Wilmington-Atlantic City
Moderate Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to extend
the attainment date from June 15, 2010
to June 15, 2011 for the Delaware,
Maryland, and Pennsylvania portions of
the Philadelphia-Wilmington-Atlantic
City nonattainment area (Philadelphia
Area), which is classified as moderate
for the 1997 8-hour ozone national
ambient air quality standard (NAAQS).
This extension is based in part on air
quality data recorded during the 2009
ozone season. Specifically, the
Philadelphia Area’s 4th highest daily 8hour monitored ozone value during the
2009 ozone season is 0.084 parts per
million (ppm) or less. Accordingly, EPA
is revising the tables concerning the 8hour ozone attainment dates for the
Philadelphia Area in the States of
Delaware and Maryland, and the
Commonwealth of Pennsylvania. EPA is
proposing to approve the extension of
the attainment date for the Delaware,
Maryland, and Pennsylvania portions of
the Philadelphia Area in accordance
with the requirements of the Clean Air
Act (CAA). EPA is proposing to approve
the extension of the attainment date for
the New Jersey portion of the
Philadelphia Area in a separate
rulemaking in this Federal Register.
DATES: Written comments must be
received on or before December 9, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2010–0574 by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. E-mail: rehn.brian@epa.gov.
C. Mail: EPA–R03–OAR–2010–0574,
Brian K. Rehn, Acting Associate
Director, Office of Air Program
Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
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SUMMARY:
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Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR2010–
0574. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically at https://
www.regulations.gov or in hard copy
during normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the States’ submittal
are available at the Delaware
Department of Natural Resources and
Environmental Control, 89 Kings
Highway, P.O. Box 1401, Dover,
Delaware 19903; the Maryland
Department of the Environment, 1800
PO 00000
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Fmt 4702
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Washington Boulevard, Suite 705,
Baltimore, Maryland 21230; and the
Pennsylvania Department of
Environmental Protection, Bureau of Air
Quality Control, P.O. Box 8468, 400
Market Street, Harrisburg, Pennsylvania
17105.
FOR FURTHER INFORMATION CONTACT:
Maria Pino, (215) 814–2181, or by email at pino.maria@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Requests for Attainment Date
Extension for the Philadelphia Area
The Commonwealth of Pennsylvania
and the States of Maryland and
Delaware (the States) requested a oneyear attainment date extension for the
Philadelphia Area on January 8, 2010,
March 12, 2010, and May 18, 2010,
respectively. The Philadelphia Area,
which is classified as moderate for the
1997 8-hour ozone NAAQS, consists of:
Cecil County in Maryland; Bucks,
Chester, Delaware, Montgomery and
Philadelphia Counties in Pennsylvania;
the entire State of Delaware; and
Atlantic, Burlington, Camden, Cape
May, Cumberland, Gloucester, Mercer,
Ocean, and Salem Counties in New
Jersey. Since this area was classified as
a moderate ozone nonattainment area,
the statutory ozone attainment date, as
prescribed by section 181(a) of the CAA,
is June 15, 2010. The States’ requested
that the attainment date be extended to
June 15, 2011. As stated above, EPA is
approving the extension of the
attainment date for the New Jersey
portion of the Philadelphia Area in a
separate rulemaking notice in today’s
Federal Register.
II. CAA Requirements and EPA Actions
Regarding One-Year Extensions
Section 172(a)(2)(C) of subpart 1 of
the CAA provides for EPA to extend the
attainment date for an area by one year
if the State has complied with all the
requirements and commitments
pertaining to the area in the applicable
implementation plan and no more than
a minimal number of exceedances of the
NAAQS has occurred in the attainment
year. Up to two one-year extensions may
be issued for a single nonattainment
area. Section 181(a)(5) of subpart 2
contains a similar provision for the
ozone NAAQS, but instead of providing
for an extension where there has been
a ‘‘minimal’’ number of exceedances, it
allows an extension only if there is no
more than one exceedance of the
NAAQS in the year proceeding the
extension year. However, the language
in section 181(a)(5) reflects the form of
the 1-hour ozone NAAQS and not the
1997 8-hour ozone NAAQS. 40 CFR
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Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Proposed Rules
51.907 sets forth how sections
172(a)(2)(C) and 181(a)(5) apply to an
area subject to the 1997 8-hour ozone
NAAQS. Under 40 CFR 51.907, an area
will meet the requirement of section
172(a)(2)(C)(ii) or 181(a)(5)(B) of the
CAA pertaining to one-year extensions
of the attainment date if:
(a) For the first 1-year extension, the
area’s 4th highest daily 8-hour average
in the attainment year is 0.084 ppm or
less;
(b) For the second 1-year extension,
the area’s 4th highest daily 8-hour
value, averaged over both the original
attainment year and the first extension
year, is 0.084 ppm or less; and
(c) For purposes of paragraphs (a) and
(b) of this section, the area’s 4th highest
daily 8-hour average shall be from the
monitor with the highest 4th highest
daily 8-hour average of all the monitors
that represent that area.
EPA’s review of the actual ozone air
quality data in the Air Quality System
68737
shows that the 4th highest daily average
8-hour ozone concentrations for the
2009 attainment year ozone season, for
all monitors in the Philadelphia Area
are measured at 0.084 ppm or less
(Table 1), as required by 40 CFR
51.907(a). The monitoring data has been
quality controlled and quality assured.
In the Technical Support Document
(TSD) for this action, EPA evaluates the
air quality monitoring data for the
Philadelphia Area. For details, please
refer to EPA’s TSD.
TABLE 1—MONITORING DATA FOR 8-HOUR OZONE IN THE PHILADELPHIA AREA
Site ID
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10–001–0002
10–003–1007
10–003–1010
10–003–1013
10–005–1002
10–005–1003
24–015–0003
42–017–0012
42–029–0100
42–045–0002
42–091–0013
42–101–0004
42–101–0024
34–001–0006
34–007–1001
34–011–0007
34–015–0002
34–021–0005
34–029–0006
County/state
..............................................
..............................................
..............................................
..............................................
..............................................
..............................................
..............................................
..............................................
..............................................
..............................................
..............................................
..............................................
..............................................
..............................................
..............................................
..............................................
..............................................
..............................................
..............................................
Kent/Delaware ...............................................................................
New Castle/Delaware ....................................................................
New Castle/Delaware ....................................................................
New Castle/Delaware ....................................................................
Sussex/Delaware ...........................................................................
Sussex/Delaware ...........................................................................
Cecil/Maryland ...............................................................................
Bucks/Pennsylvania .......................................................................
Chester/Pennsylvania ....................................................................
Delaware/Pennsylvania .................................................................
Montgomery/Pennsylvania .............................................................
Philadelphia/Pennsylvania .............................................................
Philadelphia/Pennsylvania .............................................................
Atlantic/New Jersey .......................................................................
Camden/New Jersey .....................................................................
Cumberland/New Jersey ...............................................................
Gloucester/New Jersey ..................................................................
Mercer/New Jersey ........................................................................
Ocean/New Jersey ........................................................................
EPA has determined that the
requirements for a one-year extension of
the attainment date have been fulfilled
as follows:
(1) The States have complied with all
requirements and commitments
pertaining to the area in the applicable
ozone implementation plan. The
applicable ozone implementation plans
can be found at 40 CFR 52.420, 40 CFR
52.1070, 40 CFR 52.2020, for the States
of Delaware, Maryland, and
Pennsylvania, respectively; and
(2) The Philadelphia Area’s 4th
highest daily 8-hour monitored value
during the 2009 ozone season is 0.084
ppm or less.
Therefore, EPA approves the States’
attainment date extension requests for
the Delaware, Maryland, and
Pennsylvania portions of the
Philadelphia Area. As a result, the
charts in 40 CFR 81.308, 40 CFR 81.321,
and 40 CFR 81.339 are being modified
to reflect EPA’s approval of the States’
attainment date extension request.
Those charts are entitled ‘‘DelawareOzone (8-Hour Standard)’’, ‘‘MarylandOzone (8–Hour Standard)’’, and
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‘‘Pennsylvania-Ozone (8-Hour
Standard)’’, respectively.
III. Proposed Action
EPA is proposing to approve the
attainment date extension from June 15,
2010 to June 15, 2011 for the Delaware,
Maryland, and Pennsylvania portions of
the Philadelphia Area, which is
classified as moderate for the 1997 8hour ozone NAAQS. EPA is soliciting
public comments on the issues
discussed in this document. These
comments will be considered before
taking final action.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve State choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve State law as
meeting Federal requirements and does
not impose additional requirements
PO 00000
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4th Max
8-hr
(ppm)
Year
2009
2009
2009
2009
2009
2009
2009
2009
2009
2009
2009
2009
2009
2009
2009
2009
2009
2009
2009
.066
.068
.068
.069
.067
.069
.072
.074
.067
.065
.070
.059
.072
.071
.071
.072
.071
.071
.071
beyond those imposed by State law. For
that reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
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Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Proposed Rules
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed extension
of the attainment deadline for the 1997
8-hour ozone NAAQS for the Delaware,
Maryland, and Pennsylvania portions of
the Philadelphia Area does not have
Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on Tribal governments or preempt
Tribal law.
List of Subjects in 40 CFR Part 81
Environmental protection, Air
pollution control, Intergovernmental
relations, Ozone.
Dated: October 28, 2010.
W.C. Early,
Acting, Regional Administrator, Region III.
Roy
E. Wright, Deputy Director, Risk
Analysis Division, Federal Insurance
and Mitigation Administration, Federal
Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472,
(202) 646–3461, or (e-mail)
roy.e.wright@dhs.gov.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2010–28256 Filed 11–8–10; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
44 CFR Part 67
[Docket ID FEMA–2010–0003; Internal
Agency Docket No. FEMA–B–1153]
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Proposed Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Proposed rule.
AGENCY:
Comments are requested on
the proposed Base (1% annual-chance)
Flood Elevations (BFEs) and proposed
BFE modifications for the communities
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The
Federal Emergency Management Agency
(FEMA) proposes to make
determinations of BFEs and modified
BFEs for each community listed below,
in accordance with section 110 of the
Flood Disaster Protection Act of 1973,
42 U.S.C. 4104, and 44 CFR 67.4(a).
These proposed BFEs and modified
BFEs, together with the floodplain
management criteria required by 44 CFR
60.3, are the minimum that are required.
They should not be construed to mean
that the community must change any
existing ordinances that are more
stringent in their floodplain
management requirements. The
community may at any time enact
SUPPLEMENTARY INFORMATION:
Federal Emergency Management
Agency
SUMMARY:
listed in the table below. The purpose
of this notice is to seek general
information and comment regarding the
proposed regulatory flood elevations for
the reach described by the downstream
and upstream locations in the table
below. The BFEs and modified BFEs are
a part of the floodplain management
measures that the community is
required either to adopt or to show
evidence of having in effect in order to
qualify or remain qualified for
participation in the National Flood
Insurance Program (NFIP). In addition,
these elevations, once finalized, will be
used by insurance agents and others to
calculate appropriate flood insurance
premium rates for new buildings and
the contents in those buildings.
DATES: Comments are to be submitted
on or before February 7, 2011.
ADDRESSES: The corresponding
preliminary Flood Insurance Rate Map
(FIRM) for the proposed BFEs for each
community is available for inspection at
the community’s map repository. The
respective addresses are listed in the
table below.
You may submit comments, identified
by Docket No. FEMA–B–1153, to Roy E.
Wright, Deputy Director, Risk Analysis
Division, Federal Insurance and
Mitigation Administration, Federal
Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472,
(202) 646–3461, or (e-mail)
roy.e.wright@dhs.gov.
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stricter requirements of its own or
pursuant to policies established by other
Federal, State, or regional entities.
These proposed elevations are used to
meet the floodplain management
requirements of the NFIP and also are
used to calculate the appropriate flood
insurance premium rates for new
buildings built after these elevations are
made final, and for the contents in those
buildings.
Comments on any aspect of the Flood
Insurance Study and FIRM, other than
the proposed BFEs, will be considered.
A letter acknowledging receipt of any
comments will not be sent.
National Environmental Policy Act.
This proposed rule is categorically
excluded from the requirements of 44
CFR part 10, Environmental
Consideration. An environmental
impact assessment has not been
prepared.
Regulatory Flexibility Act. As flood
elevation determinations are not within
the scope of the Regulatory Flexibility
Act, 5 U.S.C. 601–612, a regulatory
flexibility analysis is not required.
Executive Order 12866, Regulatory
Planning and Review. This proposed
rule is not a significant regulatory action
under the criteria of section 3(f) of
Executive Order 12866, as amended.
Executive Order 13132, Federalism.
This proposed rule involves no policies
that have federalism implications under
Executive Order 13132.
Executive Order 12988, Civil Justice
Reform. This proposed rule meets the
applicable standards of Executive Order
12988.
List of Subjects in 44 CFR Part 67
Administrative practice and
procedure, Flood insurance, Reporting
and recordkeeping requirements.
Accordingly, 44 CFR part 67 is
proposed to be amended as follows:
PART 67—[AMENDED]
1. The authority citation for part 67
continues to read as follows:
Authority: 42 U.S.C. 4001 et seq.;
Reorganization Plan No. 3 of 1978, 3 CFR,
1978 Comp., p. 329; E.O. 12127, 44 FR 19367,
3 CFR, 1979 Comp., p. 376.
§ 67.4
[Amended]
2. The tables published under the
authority of § 67.4 are proposed to be
amended as follows:
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]]>Agencies
[Federal Register Volume 75, Number 216 (Tuesday, November 9, 2010)]
[Proposed Rules]
[Pages 68736-68738]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28256]
[[Page 68736]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R03-OAR-2010-0574; FRL-9223-1]
Approval of One-Year Extension for Attaining the 1997 8-Hour
Ozone Standard for the Delaware, Maryland, and Pennsylvania Portions of
the Philadelphia-Wilmington-Atlantic City Moderate Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to extend the attainment date from June 15,
2010 to June 15, 2011 for the Delaware, Maryland, and Pennsylvania
portions of the Philadelphia-Wilmington-Atlantic City nonattainment
area (Philadelphia Area), which is classified as moderate for the 1997
8-hour ozone national ambient air quality standard (NAAQS). This
extension is based in part on air quality data recorded during the 2009
ozone season. Specifically, the Philadelphia Area's 4th highest daily
8-hour monitored ozone value during the 2009 ozone season is 0.084
parts per million (ppm) or less. Accordingly, EPA is revising the
tables concerning the 8-hour ozone attainment dates for the
Philadelphia Area in the States of Delaware and Maryland, and the
Commonwealth of Pennsylvania. EPA is proposing to approve the extension
of the attainment date for the Delaware, Maryland, and Pennsylvania
portions of the Philadelphia Area in accordance with the requirements
of the Clean Air Act (CAA). EPA is proposing to approve the extension
of the attainment date for the New Jersey portion of the Philadelphia
Area in a separate rulemaking in this Federal Register.
DATES: Written comments must be received on or before December 9, 2010.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0574 by one of the following methods:
A. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: rehn.brian@epa.gov.
C. Mail: EPA-R03-OAR-2010-0574, Brian K. Rehn, Acting Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-
OAR2010-0574. EPA's policy is that all comments received will be
included in the public docket without change, and may be made available
online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically at https://www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
States' submittal are available at the Delaware Department of Natural
Resources and Environmental Control, 89 Kings Highway, P.O. Box 1401,
Dover, Delaware 19903; the Maryland Department of the Environment, 1800
Washington Boulevard, Suite 705, Baltimore, Maryland 21230; and the
Pennsylvania Department of Environmental Protection, Bureau of Air
Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg,
Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Maria Pino, (215) 814-2181, or by e-
mail at pino.maria@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Requests for Attainment Date Extension for the Philadelphia Area
The Commonwealth of Pennsylvania and the States of Maryland and
Delaware (the States) requested a one-year attainment date extension
for the Philadelphia Area on January 8, 2010, March 12, 2010, and May
18, 2010, respectively. The Philadelphia Area, which is classified as
moderate for the 1997 8-hour ozone NAAQS, consists of: Cecil County in
Maryland; Bucks, Chester, Delaware, Montgomery and Philadelphia
Counties in Pennsylvania; the entire State of Delaware; and Atlantic,
Burlington, Camden, Cape May, Cumberland, Gloucester, Mercer, Ocean,
and Salem Counties in New Jersey. Since this area was classified as a
moderate ozone nonattainment area, the statutory ozone attainment date,
as prescribed by section 181(a) of the CAA, is June 15, 2010. The
States' requested that the attainment date be extended to June 15,
2011. As stated above, EPA is approving the extension of the attainment
date for the New Jersey portion of the Philadelphia Area in a separate
rulemaking notice in today's Federal Register.
II. CAA Requirements and EPA Actions Regarding One-Year Extensions
Section 172(a)(2)(C) of subpart 1 of the CAA provides for EPA to
extend the attainment date for an area by one year if the State has
complied with all the requirements and commitments pertaining to the
area in the applicable implementation plan and no more than a minimal
number of exceedances of the NAAQS has occurred in the attainment year.
Up to two one-year extensions may be issued for a single nonattainment
area. Section 181(a)(5) of subpart 2 contains a similar provision for
the ozone NAAQS, but instead of providing for an extension where there
has been a ``minimal'' number of exceedances, it allows an extension
only if there is no more than one exceedance of the NAAQS in the year
proceeding the extension year. However, the language in section
181(a)(5) reflects the form of the 1-hour ozone NAAQS and not the 1997
8-hour ozone NAAQS. 40 CFR
[[Page 68737]]
51.907 sets forth how sections 172(a)(2)(C) and 181(a)(5) apply to an
area subject to the 1997 8-hour ozone NAAQS. Under 40 CFR 51.907, an
area will meet the requirement of section 172(a)(2)(C)(ii) or
181(a)(5)(B) of the CAA pertaining to one-year extensions of the
attainment date if:
(a) For the first 1-year extension, the area's 4th highest daily 8-
hour average in the attainment year is 0.084 ppm or less;
(b) For the second 1-year extension, the area's 4th highest daily
8-hour value, averaged over both the original attainment year and the
first extension year, is 0.084 ppm or less; and
(c) For purposes of paragraphs (a) and (b) of this section, the
area's 4th highest daily 8-hour average shall be from the monitor with
the highest 4th highest daily 8-hour average of all the monitors that
represent that area.
EPA's review of the actual ozone air quality data in the Air
Quality System shows that the 4th highest daily average 8-hour ozone
concentrations for the 2009 attainment year ozone season, for all
monitors in the Philadelphia Area are measured at 0.084 ppm or less
(Table 1), as required by 40 CFR 51.907(a). The monitoring data has
been quality controlled and quality assured. In the Technical Support
Document (TSD) for this action, EPA evaluates the air quality
monitoring data for the Philadelphia Area. For details, please refer to
EPA's TSD.
Table 1--Monitoring Data for 8-Hour Ozone in the Philadelphia Area
----------------------------------------------------------------------------------------------------------------
4th Max 8-hr
Site ID County/state Year (ppm)
----------------------------------------------------------------------------------------------------------------
10-001-0002................................... Kent/Delaware................... 2009 .066
10-003-1007................................... New Castle/Delaware............. 2009 .068
10-003-1010................................... New Castle/Delaware............. 2009 .068
10-003-1013................................... New Castle/Delaware............. 2009 .069
10-005-1002................................... Sussex/Delaware................. 2009 .067
10-005-1003................................... Sussex/Delaware................. 2009 .069
24-015-0003................................... Cecil/Maryland.................. 2009 .072
42-017-0012................................... Bucks/Pennsylvania.............. 2009 .074
42-029-0100................................... Chester/Pennsylvania............ 2009 .067
42-045-0002................................... Delaware/Pennsylvania........... 2009 .065
42-091-0013................................... Montgomery/Pennsylvania......... 2009 .070
42-101-0004................................... Philadelphia/Pennsylvania....... 2009 .059
42-101-0024................................... Philadelphia/Pennsylvania....... 2009 .072
34-001-0006................................... Atlantic/New Jersey............. 2009 .071
34-007-1001................................... Camden/New Jersey............... 2009 .071
34-011-0007................................... Cumberland/New Jersey........... 2009 .072
34-015-0002................................... Gloucester/New Jersey........... 2009 .071
34-021-0005................................... Mercer/New Jersey............... 2009 .071
34-029-0006................................... Ocean/New Jersey................ 2009 .071
----------------------------------------------------------------------------------------------------------------
EPA has determined that the requirements for a one-year extension
of the attainment date have been fulfilled as follows:
(1) The States have complied with all requirements and commitments
pertaining to the area in the applicable ozone implementation plan. The
applicable ozone implementation plans can be found at 40 CFR 52.420, 40
CFR 52.1070, 40 CFR 52.2020, for the States of Delaware, Maryland, and
Pennsylvania, respectively; and
(2) The Philadelphia Area's 4th highest daily 8-hour monitored
value during the 2009 ozone season is 0.084 ppm or less.
Therefore, EPA approves the States' attainment date extension
requests for the Delaware, Maryland, and Pennsylvania portions of the
Philadelphia Area. As a result, the charts in 40 CFR 81.308, 40 CFR
81.321, and 40 CFR 81.339 are being modified to reflect EPA's approval
of the States' attainment date extension request. Those charts are
entitled ``Delaware-Ozone (8-Hour Standard)'', ``Maryland-Ozone (8-Hour
Standard)'', and ``Pennsylvania-Ozone (8-Hour Standard)'',
respectively.
III. Proposed Action
EPA is proposing to approve the attainment date extension from June
15, 2010 to June 15, 2011 for the Delaware, Maryland, and Pennsylvania
portions of the Philadelphia Area, which is classified as moderate for
the 1997 8-hour ozone NAAQS. EPA is soliciting public comments on the
issues discussed in this document. These comments will be considered
before taking final action.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
[[Page 68738]]
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed extension of the attainment deadline for
the 1997 8-hour ozone NAAQS for the Delaware, Maryland, and
Pennsylvania portions of the Philadelphia Area does not have Tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is not approved to apply in Indian
country located in the State, and EPA notes that it will not impose
substantial direct costs on Tribal governments or preempt Tribal law.
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, Intergovernmental
relations, Ozone.
Dated: October 28, 2010.
W.C. Early,
Acting, Regional Administrator, Region III.
[FR Doc. 2010-28256 Filed 11-8-10; 8:45 am]
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